R2011-04 AUTHORIZING AGREEMENT - Laserfiche WebLink

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LLC or other similar entities (collectively referred to as "HCSC third parties"). By obtaining this data from a third party source, HCSC does not warrant and/or assume responsibility for the accuracy of such data. In addition, HCSC may obtain or use data or information provided by Employer or third parties not contracted by HCSC. HCSC does not warrant and/or assume responsibility for the accuracy of any data provided by Employer or any third party not contracted by HCSC. 2. HCSC Data. The parties recognize that HCSC's existing data sources, and those of its subcontractors, were not designed for purposes of the ERR Program. Thus, HCSC cannot and does not guarantee the accuracy of such information and data for purposes of the ERR Program. B. Cooperation. The parties recognize that they must mutually cooperate to perform the services required under this Agreement, and that HCSC is not responsible if it is unable to complete any tasks because Employer, or any third party contracted or designated by Employer, fails to meet its obligations, including providing required data. C. Requlatorv Chanaes. If either party believes that subsequent guidance or requirements from HHS materially atter the scope of services or manner in which the services contemplated by this Agreement are to be provided, or that any provision of this Agreement is inconsistent with ERR Program Requirements, that party shall promptly notify the other party in writing, and the parties shall negotiate in good faith to amend this Agreement. XII. RETENTION OF RECORDS HCSC and Employer shall maintain all records required by 45 C.F.R. §149.350 for a period not less than ten (10) years after the expiration of the Group Health Plan Year in which Claim costs were Incurred, or as otherwise required by law. Further, HCSC will maintain and disclose to HHS or the Office of the Inspector General of the U.S. Department of Health and Human Services ("OIG"), upon their request, the records sufficient to document Claim data, in accordance with 45 C.F.R. §149.350(d) and antifraud policies, procedures, and supportuing information, in accordance with 45 C.F.R. §149.40(fl(4)(iii), and shall maintain (and/or cause HCSC's contracted pharmacy benefit manager to maintain) such records for the same ten (10) year period (or longer if extended by HHS or the OIG). XI11. HIPAA COMPLIANCE The parties acknowledge and agree that this Agreement involves the use and disclosure of data that may include HIPAA protected health information. The parties therefore agree that all uses and disclosures of HIPAA protected health information pursuant to this Agreement, including any transition services developed under Section III., will be undertaken in compliance with HIPAA and all regulations adopted in connection therewith. Further, the parties agree that the activities under this Agreement will be subject to the Business Associate agreement between the parties. Specifically, Employer warrants and represents that the intended use of such information is for the Employer's participation in the ERR Program and related Group Health Plan adminstrative purposes and that the information will not be used for employment- related actions and decisions. The parties agree to make any necessary amendments to written documents in effect related to the Employer's Group Health Plan prior to the Effective Date of this Agreement to assure HIPAA compliance for the ERR Program-related services under this Agreement. -7-